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TMI Blog2012 (6) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... inst an order dated 16.05.2011 of the ld. CIT(A)-XIX, New Delhi, raises the following grounds:- 1. "Whether on the facts and in the circumstances of the case the provisions of section 40(a)(ia) of the Income-tax Act as amended by the Finance Act, 2010, with effect from 01.04.2010 should be treated as retrospectives w.e.f. 01.04.2005. 2. The appellant craves for reserving the right to amend, modi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40a(ia) of the Act, the assessee pleaded that proviso to section 40(a)(ia) of the Act inserted by Finance Act,2010 was applicable retrospectively w.e.f. 1.4.2005 and the assessee having deposited TDS before the due date of filing the return, no disallowance could be made. However, the AO did not accept the submissions of the assessee and disallowed the amount of Rs. 16,22,846/- in terms of extant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .1321/Mum./2009 for the AY 2005-06 and the decision dated 10.5.2012 in ITA no. 717/Bang/2011for the AY 2008-09 in ACIT Vs. M.K. Gurumurthy.. 5. We have heard both the parties and gone through the facts of the case. Indisputably, the assessee deposited TDS deducted from an amount of `Rs. 16,22,846/- on 11.4.2008 i.e. before the due date of filing of return. The issue before us in this case is as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dment carried out by the Finance Act,2010 was applicable prospectively. Later, Hon'ble Calcutta High Court in their decision dated 23.11.2011 ITA no. 302 of 2011 GA 3200/2011 in CIT Vs. Virgin Creations, held that that amendment to the provisions of Sec.40(a)(ia) of the Act, by the Finance Act, 2010 as aforesaid was retrospective from 1.4.2005. The ld. AR pointed out that this is the sole decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income u/s.139(1) of the Act, can not be disallowed in terms of provisions of sec.40a(ia) of the Act. Indisputably, in the instant case the assessee deposited the tax deducted at source on11.4.2008 i.e. before the due date for filing return of income u/s.139(1) of the Act . In this situation, especially when the Revenue have not brought to our notice any contrary decision, we are not inclined to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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